Most of the programs which permit F-1 students to work are limited to students facing a severe and unexpected economic hardship, students working on campus, and students working in practical training related to their studies. For someone simply wishing to earn some extra money in a part-time off-campus position (full-time during vacations and in between terms), the options are very slim. The one program that might offer a solution is the Department of Labor’s pilot off-campus employment program. The requirements for the program are the following:
- the student must have remained continuously in good academic standing for at least nine months
- an employer must have filed a labor certification with the Department of Labor indicating that it has actively recruited to fill the position for 60 days and a sufficient number of US workers were unavailable
- the employer is willing to pay students at least the actual wage being paid to similarly employed workers at the work site or the prevailing wage for the position in the employer’s geographic area, whichever is greater
- the school’s designated student official at the international student office must complete with the student Form I-538
- the designated student official must mark the student’s I-20 to indicate the authorization of part-time employment
The designated student official will need to send the completed I-538 and labor certification form to the INS processing center in Kentucky. The school official must notify the Department of Labor of the employer’s failure to supply it with an approved copy of the labor certification within 90 days of its initial receipt of the employer’s labor certification.
Students are permitted to work up to twenty hours per week under the program and do not need an employment authorization document since they are only being authorized to work for one employer.
A final rule has not yet been published regarding the pilot program and its future is not certain. Congress is expected to deal with the program as part of its immigration reform efforts. While the Department of Labor continues to work on the final rules, it continues to extend the period of applicability of labor attestations. The period was extended for the third time last month until November 30, 1995.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.